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2023 (8) TMI 892 - HC - Indian LawsRTI - Seeking various information regarding third parties (Petitioner) from excise department - who has claimed the benefit of exemption - Seeking list of manufacturers or suppliers of the equipments/machineries of plants before the Central Excise Department - Right to Information Act, 2005 - HELD THAT:- This Court is of the opinion that there is no infirmity in the order passed by the First Appellate Authority dated 15.11.2011 in directing the information in respect to the information so sought for in the application dated 01.09.2011 from Clauses 1 (a) to 1 (x) except Clause 1(g). Now coming to the information as regards Clause 1 (g) of the Application, this Court enquired with the learned counsel for the petitioners as to whether the petitioners claimed confidentiality while furnishing the list of manufacturers or suppliers of the equipments/machineries of plants before the Central Excise Department. The learned counsel for the petitioner submitted that he has no instructions in that regard. It is also relevant to take note of that there is no pleading to the effect that confidentiality was claimed at the time of furnishing the information pertaining to the list of manufacturers/suppliers of the equipments/machineries of the plants before the Central Excise Department. Taking into account, it is the further opinion of this Court that the information sought for under Clause 1 (g) of the application dated 01.09.2011 would not come within the ambit of Section 11 of the Right to Information Act, 2005. This Court further finds it relevant to take note of another submission of the learned counsel for the petitioners which pertains to Section 19 (4) of the RTI Act in as much as it is the submission of the learned counsel for the petitioners that the reasonable opportunity had to be given to the third party when an appeal is preferred relating to the information of third party. The said submission though at the first blush looks attractive but the same is misconceived taking into account that the petitioners herein did not claim confidentiality to come within the ambit of Section 11 of RTI Act. This Court does not find any merit in the instant writ petition for which the instant writ petition stands dismissed.
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